No. 3 Security Bond to be Given During the Pendency of Appeal (O. 41, R. 6).
This security bond on stay of execution of decree executed by witnesseth:-
That ………. the plaintiff in Suit No. …… of… 19…, having sued, the defendant, in this Court and a decree having been passed on the … day of … 19 …, in favour of the plaintiff, and the defendant having preferred an appeal from the said decree in the Court, the said appeal is still pending.
Now the plaintiff decree-holder has applied for execution of the said decree and has been called upon to furnish security. Accordingly I, of my own free will, stand security to the extent of Rs…., mortgaging the properties specified in the schedule hereunto annexed, and covenant that if the decree of the first Court be reversed or varied by the Appellate Court, the plaintiff shall restore any property which may be or has been taken in execution of the said decree and shall duly act in accordance with the decree of the Appellate Court and shall pay whatever may be payable by him thereunder, and if he should fail therein then any amount so payable shall be realized from the properties hereby mortgaged, and if the proceeds of the sale of the said properties are insufficient to pay the amount due, I and my legal representatives will be personally liable to pay the balance. To this effect I execute this security bond this……… day of……… 19 ….
HIGH COURT AMENDMENTS
Andhra Pradesh.-Same as in Madras.
Bombay.-In Appendix G, Form No. 3,-
(i) for the opening words “This security bond on stay of execution of decree executed by………..witnesseth-“, substitute the words “This security bond, on order being made for execution of decree,………………executed by……………witnesseth-“.
(ii) at the end, insert the following Note, namely:-
“Note.-Unless appropriately altered, the printed form binds the surety only to an immediate appeal from the decree mentioned in the bond, and does not cover any obligation in respect of any further appeal.”
Gujarat.-Same as in Bombay.
Kerala.-Same as in Madras, (w.e.f. 9-6-1959)